33 Ga. App. 68 | Ga. Ct. App. | 1924
1. Where an order sustaining a special demurrer to a plea states merely that the demurrer “is sustained,” and the ease is continued to the next term of court on account of the illness of defendant’s counsel, and at that term an amendment to the plea is offered, and is allowed without objection, subject to demurrer, and a demurrer thereto is filed, it can not be held that the allowance of the amendment was error1 because the original order provided no time for amendment and no exceptions pendente lite were filed to such order. News Publishing Co. v. Lowe, 8 Ga. App. 333 (69 S. E. 128).
2. The suit was upon two promissory notes given under seal and providing that certain sums of money be unconditionally paid
The unconditional promise to pay contained in each of the notes under consideration could not be defeated by proof of a contemporaneous verbal agreement that it Avould never be enforced. Civil Code (1910), § 5788; Sasser v. McGovern, 11 Ga. App. 88 (74 S. E. 197); Hirsch v. Oliver, 91 Ga. 554 (2) (18 S. E. 354); Dendy v. Gamble, 59 Ga. 434 (1); Byrd v. Marietta Fertilizer Co., 127 Ga. 30 (56 S. E. 86).
Judgment affirmed.